BOARD DATE: 7 January 2017 DOCKET NUMBER: AR20150015041 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ __x______ _x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 January 2017 DOCKET NUMBER: AR20150015041 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 30 of his DD Form 214 for the period ending on 21 July 1972 by adding the SSN as shown on his DD Form 214 for the period ending 13 July 1981. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 3 of his DD Form 214 for the period ending on 21 July 1972 by deleting the TIN and adding his SSN. __________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 7 January 2017 DOCKET NUMBER: AR20150015041 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 21 July 1972, to show his social security number (SSN) as "3XX-XX-XXX2" instead of "9XX-XX-XXX5." 2. The applicant states his service number is listed as his SSN. 3. The applicant claims he provided a copy of his social security card; however, it was not present. He did provide: * a letter from the Social Security Administration * DD Form 214 for the period ending 21 July 1972 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army (RA) on 2 April 1971. His record contains a DD Form 4 (Enlistment Contract – Armed Forces of the United States) dated 2 April 1971, which lists the Temporary Identification Number (TIN) "9XX-XX-XXX5" in place of his SSN. 3. The applicant was discharged on 21 July 1972. Item 3 (SSN) of his DD Form 214 recorded his TIN, "9XX-XX-XXX5," in place of his SSN. 4. A review of documents contained in his available military personnel record for the period 2 April 1971 through 21 July 1972, many of which bear his signature, show his TIN as "9XX-XX-XXX5." 5. The applicant enlisted in the RA on 3 June 1981. His record contains DD Form 4 dated 3 June 1981 which lists his SSN as "3XX-XX-XXX2." 6. Enlistment/Travel Order Number 110-1, issued by the Armed Forces Examining and Entrance Station, Houston, TX, on 3 June 1981 lists his SSN as "3XX-XX-XXX2." 7. His record contains a DD Form 93 (Record of Emergency Data) and a DA Form 428 (Application for Identification Card), dated 6 June 1981. These forms bear his signature and list his SSN as "3XX-XX-XXX2." 8. The applicant was discharged on 13 July 1981. Item 3 (SSN) of his DD Form 214 shows his SSN as "3XX-XX-XXX2" and this document bears his signature. 9. A review of documents contained in his available military personnel record for the period 3 June 1981 through 13 July 1981, many of which bear his signature, show his SSN consistently appears as "3XX-XX-XXX2." REFERENCES: 1. Army Regulation 600-2 (Name and Birth Data, Social Security Account, and TIN), in effect at the time, prescribed the procedures used for recording, issuing, or changing personnel information normally used as a means of identification. a. Chapter 4 (TIN) prescribed the procedures for issuing a TIN as a means of personnel identification for those individuals being processed for military service who did not have an SSN. The number "9" was designated as the first number of the 9-digit TIN. b. The TIN would be entered in pencil on Armed Forces Examining and Entrance Station records in those items reserved for recording the SSN at the time of pre-enlistment or pre-induction processing. Upon receipt of a social security card by the individual prior to his entrance into the active Army, the pencil entry of the TIN would be replaced by permanent entry of the SSN. c. When the individual comes on active duty without an SSN, the TIN would be entered as a permanent entry on all records. Upon receipt of an SSN, the TIN entry would be lined out and the SSN would be entered. 2. Information available from the Social Security Administration shows that SSN's beginning with 800-999 are not valid SSN's; no numbers above 799 have ever been issued. 3. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and SSN of the separating service member would be entered on the DD Form 214. DISCUSSION: 1. The applicant contends the SSN listed on his DD Form 214 for the period ending on 21 July 1972 is incorrect. 2. The evidence of record indicates that the applicant either did not have an SSN or did not provide proof of his SSN when he enlisted in the RA on 2 April 1971; thus, he was issued a TIN. He was identified with this TIN throughout his service and it was recorded on his DD Form 214 when he was separated. 3. The evidence indicates that he was able to provide his SSN when he later enlisted in the RA on 3 June 1981. All the records in his military record during the period of this enlistment record his SSN as "3XX-XX-XXX2," including his DD Form 214 for the period ending on 13 July 1981. 4. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 5. To clarify any questions or confusion about the difference in the TIN recorded in his military record and his SSN, the Board may recommend adding an entry to item 30 (Remarks) of his DD Form 214 for the period ending 21 July 1972 to show his SSN as it is shown on the DD Form 214 for the period ending 13 July 1981. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015041 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015041 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2